Special Meeting of the Community Board

Whangapoua Kuaotunu Otama Opito Bay Ferry Landing Wharekaho Front Beach Kairamarama Flaxmill Bay

Date 6 December 2017 Time 09:00 Venue Mercury Bay Community Board Room 10 Monk Street Whitianga

Members

Chairperson PM Kelly JP Members DJ Connell LA Fox MK McLean JP WD McLean R Giri-Percival

Deputations and Presentations

Time Item Business 09:00 1.2 Public forum

Allan Tiplady Area Manager South Mercury Bay Community Board Special Meeting

Members of Mercury Bay Community Board

Paul Kelly (Chairperson) Tony Fox (Councillor) 027 446 6094 07 866 4836 [email protected] tony,[email protected]

Murray McLean (Councillor) Deli Connell 07 866 4158 [email protected] [email protected]

Rekha Giri-Percival Bill McLean 021 108 7244 021 937 890 [email protected] [email protected]

Full order paper and appendices are available on the TCDC website: www.tcdc.govt.nz/Council/Meetings-and-Minutes/Community-Boards

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Table of contents

Item Business Page No. 1 Meeting conduct 4 1.1 Apologies 4 1.2 Public forum 4 1.3 Items not on the agenda 4 1.4 Conflict of interest 4

2 Reports 5 2.1 Feedback report proposed Buffalo Beach (Taputapuatea) toilet 5

3 Public excluded 55 3.1 Public excluded - Whitianga Ferry 55

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1 Meeting conduct

In accordance with the Local Authorities (Members' Interests) Act 1968, members are reminded to declare an interest in items in which they have a direct or indirect pecuniary interest. In such circumstances, members are required to abstain from discussion and voting and ensure that the declaration is recorded in the Minutes of the meeting. 1.1 Apologies

The Chairperson invites notice from members of: 1. Leave of absence for future meetings of the Mercury Bay Community Board; or 2. Apologies, including apologies for lateness and early departure from the meeting, where leave of absence has not previously been granted. 1.2 Public forum

A period of up to 30 minutes is set aside for the public to raise matters falling within the terms of reference of the meeting. Each speaker may speak for three minutes but time extensions may be allowed on a vote of not less than 75% of members present at the meeting. Questions from members for information or clarification may be permitted by the Chairperson (Standing Orders Appendix F). 1.3 Items not on the agenda

The Chairperson will give notice of items not on the agenda as follows:

Matters requiring urgent attention as determined by resolution of the Mercury Bay Community Board 1. The reason why the item is not on the agenda; and 2. The reason why discussion of the item cannot be delayed until a subsequent meeting.

Minor matters relating to the general business of the Mercury Bay Community Board No resolution, decision, or recommendation may be made in respect of the item except to refer it to a subsequent meeting of the Mercury Bay Community Board for further discussion. 1.4 Conflict of interest

The Chairperson invites notice from members of: 1. Any interests that may create a conflict with their role as an elected member relating to the agenda item(s) for the meeting; and 2. Any interests in items in which they have a direct or indirect pecuniary interest as provided for in the Local Authorities (Members’ Interests) Act 1968.

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2 Reports

2.1 Feedback report proposed Buffalo Beach (Taputapuatea) toilet

Memo Information

TO Mercury Bay Community Board FROM Ross Ashby - Project Manager, Infrastructure DATE 27 November 2017 SUBJECT Feedback report proposed Buffalo Beach (Taputapuatea) toilet

1 Purpose of report To provide the Community Board with the feedback received from the consultation undertaken on the location for the proposed Buffalo Beach (Taputapuatea) toilet and highlight key themes/issues identified by the community so that the Community Board can determine the most appropriate toilet location. 2 Background The Taputapuatea stream is a popular area for visitors, locals and tourists and is particularly popular with young families and groups using the barbeques.

The project to construct a toilet near the stream has been identified by various Community Boards over the past 12 years. The Whitianga Reserve Management Plan workshop held in 2005 highlighted the need for an "additional toilet block further north, opposite Racecourse Road area."

The adopted 2007 Mercury Bay Reserve Management Plan did not specifically identify a toilet, however it conceptualised improvements to the barbeque area, pathway and pedestrian bridge. Furthermore in "Document 1 - Objectives and Policies" of the Whitianga and Wharekaho Reserve Management Plan, Policy 5.10 states that public conveniences will be provided where the usage warrants the facility.

On 29 September 2011 a letter was written to the Community Board requesting a replacement of the barbeque situated to the south of Taputapuatea Stream and that it be shifted to a more suitable spot which had toilets. In 2011 the barbeque was replaced and relocated to Taputapuatea Stream.

A letter dated 22 October 2015 to the Mercury Bay Community Board requested the Board consider installing portaloos at Mother Brown Creek for the busy period during Christmas. This highlighted that the area was well used by families using the picnic area and barbeque, with food and drink, and close to a popular swimming area, making the need for a toilet more relevant.

The 2015-2025 Long Term Plan noted that a toilet was included in the approved Long Term Plan following full public consultation. On 16 November 2016 a report was presented to Mercury Bay Community Board on the new toilet design. The Board received the report, and approved consultation with nearby property owners.

Following the Community Board resolution, letters were hand delivered to resident mail boxes for 59-68 Buffalo Beach Road, which included a concept plan by Kevin Neal. A meeting was held on site with 12 residents, organised by Ben Dick, and the Mercury Bay Area Manager.

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The key issues raised at this meeting were around the purpose of the toilet, what other location options had been considered, and concerns that meaningful consultation was not undertaken.

On 16 March 2017 further letters were sent to adjoining residents with plans from Permacrete. Following further correspondence with adjoining neighbours, TCDC employed a landscape architect Karo Landscape, to accurately show the location of the toilet, the height and how it would look from three adjoining neighbours' properties across Buffalo Beach Road. Additionally, a consultation document "Outcome and business case report" summarising the previous toilet business case was compiled.

Letters were sent to residents encompassing a wider area (including residential properties 53-68 Buffalo Beach Road) on 24 October 2017. This letter included photo simulations of the preferred toilet location, and the "Outcomes and business case report". The letter also invited residents to a meeting on 10 November 2017, and to submit their comments by Thursday 23 November 2017.

Notices in the local newspaper, The Mercury Bay Informer, and on TCDC's website were released notifying the wider Mercury Bay Community of the consultation document, and feedback form. On 10 November 2017 an open meeting was held with residents. This was attended by Sam Dick (65 Buffalo Beach Road) and Barry and Gail Petchell 54a Buffalo Beach Road. At the time of writing another meeting had been scheduled with adjoining residents for 29 November 2017 (an update from this meeting will be tabled). 3 Issue The preferred location of the new Buffalo Beach toilet needs to be determined by the Mercury Bay Community Board .

The Board will need to consider the potential key users of the toilet, the main objectives of the project and the comments received as a result of the consultation and feedback based on the "Outcomes and Business Case Report" (Attachment A) which identifies the preferred location, and 4 other locations.

Key objectives to be met in providing a new toilet at Taputapuate Stream are:  A fit for purpose facility for users of the picnic and swimming area at Taputapuatea stream  Location close to the picnic, parking and swimming areas  Located in a position which provides the best outcome of a low profile, small building footprint to reduce visual impact  Landscaping in keeping with the dune environment  Location and design which minimises anti-social behaviour  A single pan toilet fully accessible design with limited changing facilities for users of the area  Finished floor above flood level

Section 8 of the Whitianga Wharekaho Reserve Management Plan 2007 states that "the plan is to be under continuous review in accordance with Reserves Act 1977. The plan is to be reviewed every ten years. However in the interim, Council may determine to review part of, or the entire plan, in response to: new information, management issues or problems".

Also as a guide the NZS 4241:1999 - NZ Standard for location of public toilets section 4.3.1 states: "Location - Providers (Council) should consider any location where there is an expectation that people may require the use of toilets, or where there is a public demand for toilets. In general demand will be generated where people congregate away from their residence or workplace for a length of time greater than one hour and where no public toilet facilities are

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provided as part of another building. It should be noted that: Existing public toilets may not necessarily be in the most suitable location

4.3.1 Consultation - When determining location of public toilet facilities providers shall consult with local residents, occupants and others who may have concerns, to determine any issues that may need to be addressed.

4.4 - Location - Public toilets shall be considered in the following locations

4.4.2 Suburban/Town Centres c) Parks where organised sport is played and in amenity areas where large numbers of people congregate. d) Public areas such as recreation areas, gardens, beaches and playgrounds." 4 Discussion As stated in the Outcomes and business case report, there has been significant demand and use of this part of the Buffalo Beach Reserve to warrant the provision of a toilet as a means to better manage the reserve.

The Local Government Act 2002 sets out (under Part 6 section 82) the principles of consultation to engage with the community to understand the views and preferences of people likely to be affected by, or interested in, the proposal or decision. As outlined under the background section above, it is considered that the principles of consultation under Section 82 have been met.

Feedback received before formal consultation 24 October - 23 November 2017

62 Buffalo Beach Road A letter dated 21 December 2016 was received from Barbara and Vern Ellis of 62 Buffalo Beach Road (Attachment B). They highlight the levels of rates paid at Buffalo Beach are a premium being a beach front location (compared with Drury), and that they are not happy that the beach front view will become a toilet block. They also highlight that the toilet could be located in a less conspicuous place, perhaps directly in front of the road coming onto Buffalo Beach Road, so it wasn't in front of houses. They also mentioned that the area proposed floods regularly and there is a flight path that restricts the height on their property. Adding a toilet in front is not fair.

65 Buffalo Beach Road A letter from Anderson Creagh Lai on behalf of Mr Ben Dick of 65 Beach Road was received in April 2017 (Attachment C). The main concerns were a rushed and opaque consultation process without due consideration on adjoining neighbours' concerns, the flooding issues on site, and that a toilet would significantly diminish property values. The letter concludes that no work be undertaken until consultation is carried out to the satisfaction of Mr Dick and Council.

Meeting notes on site on 28 January 2017 with Ben Dick, 12 residents and the Mercury Bay Area Manager.

The main views were questioning Council's justification for a location of a toilet at the Buffalo Beach Reserve. Key Points were:  Explanation of a need for public toilets at this location  What other location options have been considered  Lack of consideration of affected parties  What will the opening hours be, and the risks of vandalism  Toilet will diminish property values  Toilet will require extensive planting that will further worsen everyone's views.  If liquor ban was enforced, toilet would not be needed.

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Feedback received as part of formal consultation 24 October - 23 November 2017

Facebook Whiti Chit Chat Facebook page A press release was issued on Council's Whiti Chit Chat Facebook page, asking whether there's support for a toilet to be located in the popular spot at Buffalo Beach Reserve Taputaputea Stream aka Mother Browns Creek. There were 39 "likes" (See Attachment D for comments)

Sam Dick of 65 Buffalo Beach Road also initiated a Facebook page, asking people to consider location 5, due to its proximity to the popular reserve which is utilised 12 months a year and readily accessible to all (Attachment D)

Feedback Forms

As at 24 November 2017 there are still 7 days before submissions close on 30 November. Below is a summary at this point in time. An update will be provided to the board at its meeting on 6 December 2017.

58 feedback forms were submitted during the public consultation period (Attachment E - table version of all submissions). Of these, 27 feedback forms were submitted from students of the Mercury Bay Area School. Of the remaining 31 feedback forms, 5 were received from directly adjoining residents, including submissions prior to formal consultation (Attachment F) provides a map of adjoining residents' formal submissions and support or opposition to the preferred location of the toilet.

Overall, 51 (88%) supported the preferred toilet location, while 7 (12%) did not support. Excluding Mercury Bay Area School submissions, 24 (77%) were in support and 7 (22%) opposed the preferred toilet location. Of those opposing 2 were from adjoining residents, a further 3 adjoining residents supported the toilet in the preferred location.

Key themes

Adjoining residents

62 Buffalo Beach Road Another submission from 62 Buffalo Beach Road was received from Greg Large, joint owner of the property. The submission was via e-mail stating they strongly opposed the proposed toilet, with no further explanation.

59 Buffalo Beach Road Submission supports the preferred location and states: 'this is the area that has the greatest need of toilet facilities. The alternative sites are too far away for young children to use by themselves. Because of the large numbers of young children and families using the creek, and the extensive use of the barbeque area by some quite large groups, we feel this is the most appropriate and logical choice of site. With the proposed landscaping, we feel the building will not be too obtrusive.

54a and 57 Buffalo Beach Road Submissions received from 54a and 57 Buffalo Beach Road were in support of the preferred toilet location by Mother Browns Creek. A consistent theme was that the toilet would serve the very popular location of Mother Browns Creek area. A toilet will complement the barbeque facility and contain activities within one area, away from the dunes.

Mercury Bay Area School All 27 feedback forms received from Mercury Bay Area School supported the preferred toilet location. Submission comments included support for a toilet at Mother Browns Creek as it is

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a popular place for swimming and the nearest toilet is too far away.

Other feedback in opposition Other key themes, points in opposition included:  Visual impact on the natural environment  Unsightly and impact on home owners line of sight to the sea  Close proximity to other toilets at Brophy's Beach and main road by Halligan Road. There are three toilets in close proximity for a small population.  Enough toilets already  Will clog the state highway intersection  Area has light use from May to November, car park south (location 5) is used year around and toilet here would not spoil views.

Other feedback in support  Facility will complement walkers and cyclists on the new waterfront walkway  Facility that is needed for a well-used location  Current toilets too far from Mother Browns Creek  Badly needed for this popular picnic and swimming area, big asset for families.  Because of the large numbers of young children and families using the creek, and the extensive use of the barbeque area by some quite large groups, it is the most appropriate and logical choice of site.

Design response/Staff recommendations

Given the significant public feedback in favour of the toilet location at location #1, and comments supporting the need for a toilet in close proximity to Mother Browns Creek to meet demand there during summer months, it is recommended that the Board adopt this location for the toilet.

Careful consideration has been given to the points raised in opposition with reference to a facility further south being a better location for users more of the year round. The points raised indicate that locating a toilet close to Mother Browns Creek would only meet the needs of the users during peak times, whereas the area south is used more often all year round (although anecdotally at a lower volume). Given the levels of existing demand and future potential demand it is felt that the need for a facility to service younger children and families closer to the destination outweighs benefits of the southern location. Additionally, the proposed design included a reduced profile as far as practicable as well as dune contouring, elevation treatment of wooden vertical battens and planting to reduce its profile to adjoining neighbours.

Budget implications

The approved project budget was set at $150,161. Additional costs associated with softening the visual impact of the toilet will be incurred. These include:  Landscaping/dune shaping and planting  External wooden panels At this point, it is estimated that the existing budget can accommodate these changes.

A number of submissions requested a drinking fountain and/or outside cold showers. The project team will look to accommodate these into the project, and advise the Community Board should the budget need reviewing.

Risks - Coastal Inundation A risk assessment has been undertaken for the preferred site looking at coastal inundation. The District Plan Current Coastal Erosion Line (CCEL) (Attachment G) indicates the most landward extent of current coastal erosion. This would only occur in a severe storm or

9 6 December 2017 Mercury Bay Community Board Special Meeting series of storms when the coastline was already nearing the peak of an erosion phase. The line includes a 5m buffer to give space for coastal defence reconstruction/beach restoration after an erosion event, and to give residents a feeling of safety that house foundations will not be undermined. A 5m buffer was also included in dune toe erosion estimates to ensure they were precautionary, which provides for uncertainties in data and current knowledge on dune fluctuation. There is no CCEL to the seaward side of the toilet, however an estimated line has been drawn, which locates the toilet on the dotted 5m buffer area.

The Regional Council's Coastal inundation tool has also been used to determine the effects of rising sea levels. At present day (Attachment H) shows the upper limit of storm surge at 1.99m which just affects the toilet. With dune sculpturing around the base, the risks of occasional floor flooding could be reduced, but not eliminated during storm surge events. Looking at estimates of a 0.5m sea level rise (projected for 2040), the toilet is well above maximum tide levels of 1.68m, however will be impacted by upper limit storm surge prediction of 2.49m. Putting this into perspective, the toilet floor is not habitable and designed to accommodate water. 5 Suggested resolution(s) That the Mercury Bay Community Board: 1. Receives the 'Feedback report proposed Buffalo Beach (Taputapuatea) toilet' report, dated 27 November 2017. 2. Considers all feedback received on the proposed toilet location, and in particular the views of adjoining residents in relation to the overall project objectives. 3. Approves the design, photo simulation of the toilet and landscaping proposed at the preferred location (location 1, as set out in the business case and feedback form) and considers this option will provide a high quality toilet that will adequately meet existing and future demand and best limits visual impacts to adjoining neighbours. References-Tabled/Agenda Attachments Attachment A 'Outcomes and Business Case Report Attachment B Letter from 62 Buffalo Beach Road Attachment C Letter from Anderson Creagh Lai April 2017 Attachment D Facebook Feedback - TCDC and Sam Dick Attachment E Feedback Forms Submissions and Comments Attachment F Map of Adjoining Neighbours' Submissions Attachment G Estimated CCEL Attachment H Waikato Regional Council Coastal Inundation Model

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Attachment A 'Outcomes and Business Case Report"

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Attachment B Letter from 62 Buffalo Beach Road

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Attachment C Letter from Anderson Creagh Lai April 2017

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Attachment D Facebook Feedback - TCDC

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Facebook Feedback - Sam Dick

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Attachment E Feedback Forms Submissions and Comments

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Feedback Forms Submissions and Comments Mercury Bay Area School

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Attachment F Map of Adjoining Neighbours Submissions

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Attachment G Estimated CCEL

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Attachment H Waikato Regional Council Coastal Inundation Model

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3 Public Excluded

Resolution to Exclude the Public Section 48, Local Government Official Information and Meetings Act 1987.

Recommendations That the public: 1. Be excluded from the following parts of the proceedings of this meeting namely:

Item Business 5.1 Public excluded Whitianga ferry

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each Reason for passing this Ground(s) under Section 48(1) matter to be considered resolution for the passing of the resolution

Whitianga ferry (7)(2)(i) – Enable any local (48)(1)(a) – That the public authority holding the conduct of the whole or the information to carry on, relevant part of the without prejudice or proceedings of the meeting disadvantage, negotiations would be likely to result in (including commercial and the disclosure of information industrial negotiations). for which good reason for withholding would exist.

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